RFI Amendments

This page provides guidance and resources for making the findings required
to submit and approve a Report of Facility Information (RFI) amendment pursuant to Title 27, Sections 21665,
21666, and 21620(a)(2).

Operators of solid waste facilities are required to submit an RFI, which describes the design and operation of a permitted solid waste facility. This document is required to be maintained, updated, and kept current. In addition, any proposed changes at the facility shall be submitted to the local enforcement agency (LEA) in the form of an "RFI Amendment" prior to the change taking effect. In some instances, if specified findings can be made, the LEA can approve an RFI amendment without revising or modifying the permit.

An RFI is required to be kept current and up to date. Any significant changes will require the permit to be revised. However, in certain cases,
RFI amendments for facilities with full permits can be approved without revising or modifying the permit.

The resources section of this page summarizes the applicable statutes and regulations.

An application for any change in operations should be submitted well in advance of implementation of the proposed changes. Title 27 Section 21620(a)
states that

"Any applicant proposing to make a significant change in the design or operation of the facility shall file an amendment to the RFI
with the EA at least 180 days prior to the proposed change unless otherwise determined by the EA."

Timeline for submittal by an operator and processing by the LEA of an application for a change in the design or operation of a facility

Number of Days

Action by Operator or LEA

180

The number of days prior to a change in design and operation that an operator must submit an application for an RFI amendment.

30

The number of days that the LEA has to make a determination on the received application package.

5

The number of days that the LEA has to notify the operator, the public,
CalRecycle and the RWQCB after they have made their determination.

Title 27 Section 21600(a) requires
the operator to maintain the RFI and to submit amendments. Title 27 Section 21620 states
that any applicant proposing to make a significant change in the design or operation of the facility shall file an amendment to the RFI with the EA at least
180 days prior to the proposed change unless otherwise determined by the LEA.

Although an RFI amendment can be approved in less than 30 days, the applicant should submit the
proposed changes to the LEA as early as possible, noting the timelines described in the above section. Submitting proposed changes 180 days prior to
implementation gives the LEA enough time to process a permit revision should the LEA not approve the RFI amendment.

The applicant shall submit an RFI amendment application package pursuant to Title 27 Sections 21570
and 21600 (landfill), or 14 CCR sections,
18221.6 (transfer station),
or 18227 (compost facility)
to the LEA. The submittal shall contain only those items listed in Title 27 Section 21570(f) that have changed, are proposed for change or as otherwise specified by the EA.

Applicants who are required to have a full SWFP shall submit an application package for a SWFP in duplicate to the LEA. The applicant shall also simultaneously submit one copy of the application
form to the RWQCB
and to the director of the local land use planning agency.

Events that might trigger the submittal of an RFI amendment
application package include:

The operator proposes or anticipates any changes in design or operation.

The EA will review the package to determine whether the proposed amendments can be approved without permit action or whether the operator will need to apply for a permit modification or revision.

Applicable sections of the application form shall be completely filled out. It is recommended that
the application be attached to a cover letter which summarizes the
proposed change and provides instructions for replacing pages in the RFI. The
enclosed RFI pages should be dated or otherwise marked as replacement or new
pages. For landfills, the package might also require the submittal of a
JTD index pursuant to
Title 27 Section 21590(c).

For landfills, the operator should be aware of any changes that might also require an
amendment to the preliminary or final closure and postclosure maintenance plans.

The
operator shall prepare within 5 days after the EA approves the application and post for at least 10 days a temporary notice at the
facility entrance that meets the requirements of Title 27, Section 21660.1(a).

Accept or reject application for RFI Amendment within 30 days of receipt. The date of the determination should be noted on the application form.

Determine if the RFI Amendment meets the above requirements within 30 days of receipt.

Notify the operator, CalRecycle and the RWQCB of their determination within 5 days. The EA shall include in their notification to
CalRecycle, a copy of the amended RFI, and a copy of the application form along with the EA determination.

Notify the applicant of the right to appeal in the case that the amendments are rejected.

All RFI amendments must meet the three criteria described
in Title 27, Section 21665. If any of the proposed amendments to the RFI do not meet
all of the standards described below, the LEA shall make one of the following
determinations:

Deny the RFI amendment and request further information.

Deny the RFI amendment and request an application for permit revision
or modification and accompanying documentation.

Approve some of the proposed changes and and
request an application for permit revision or modification for other
proposed changes.

Deny the RFI amendment and not allow the proposed changes in design and
operation.

The EA may approve and file the amendment to the RFI without revising the
permit if all of the following criteria are met:

Title 27, Section 21665(c)(1)requires the proposed change to be "... consistent with all applicable certified and/or adopted CEQA documents in that no subsequent EIR or
Negative Declaration or supplemental EIR is warranted ... or if the EA finds the change being requested is exempt from the requirements of CEQA..."

Review Questions:

Will the change cause any adverse environmental impacts?

Is the change consistent with the certified or
adopted environmental document for the last permit
issuance? Is the document and page number cited?

Does this change have any cumulative impacts when taken into
considerations with other recent on-site or nearby changes?

Title
27, Section 21665(c)(2)requires the LEA to make a finding that "...the proposed change
is acceptable and consistent with, but not
limited to, state minimum standards pursuant to Chapter 3 of this subdivision or
applicable minimum standards in Title 14 (commencing with section 17200), and
including financial assurances and operating liability criteria pursuant to
Chapter 6 of this subdivision if applicable."

The term "state minimum standards" or SMS refers to the siting,
design, and operating standards that apply to each type of facility:

Title 27, Section 21665 describes the RFI amendment criteria and states that the applicant shall submit an RFI amendment and application package pursuant to section 21570 and section 21600, or 14 CCR sections 18221.5, 18223.5, 18227, 18221.6, or 17863.4 to the EA.
The submittal shall contain only those items listed in Title 27 Section 21570(f) that have changed, are proposed for change or as otherwise specified by the EA.